Local Government Act 1993 No 30
Historical version for 25 February 2011 to 2 March 2011 (accessed 23 May 2013 at 17:40) Current version

Part 7 Political parties

319   Local Government Register of Political Parties

(1)  The Electoral Commissioner is to keep a register containing the names of the parties registered under this Part and other particulars or documents required by this Part.
(2)  The register is to be called the Local Government Register of Political Parties.
(3)  The register is to be kept in the form and manner decided by the Electoral Commissioner.

320   Registration of political parties

(1)  The political parties registered under this Part are:
(a)  the political parties registered for the time being under Part 4A of the Parliamentary Electorates and Elections Act 1912, and
(b)  any other political parties registered for the time being for the purposes of this Act.
(2)  A party may be registered for the purposes of this Act in accordance with the procedure applicable under Part 4A of the Parliamentary Electorates and Elections Act 1912, subject to the following modifications of that Part:
(a)  references to an eligible party are to be read as references to an eligible local government party (as defined in subsection (3)),
(b)  references to Parliament are to be read as references to a council,
(c)  references to the names and addresses of 750 electors are to be read as references to the names, addresses and signatures of 100 electors,
(d)  references to the Register of Parties are to be read as references to the Local Government Register of Political Parties,
(e)  references to the issue of a writ for an election are to be read as references to the closing date for an election,
(f)  sections 66C, 66D (3), 66FA (2), 66H (3A), 66JA and 66N of that Act are to be disregarded,
(g)  the reference in section 66FA (1) (a) of that Act to Division 6B of Part 5 of that Act is a reference to section 321 of this Act,
(g1)  the reference in section 66FA (1) (b) of that Act to sections 79 and 81B of that Act is a reference to any regulations under this Act regarding a political party proposing a candidate for nomination,
(g2)  the reference in section 66FA (1) (c) of that Act to section 151G of that Act is a reference to any regulations under this Act regarding registration of electoral material,
(h)  such other modifications as are prescribed by the regulations.
(3)  For the purposes of subsection (2), an eligible local government party is a party:
(a)  that has at least 100 members, and
(b)  that is established on the basis of a written constitution (however expressed) that sets out the platform or objectives of the party.

321   Party endorsement on ballot-papers

(1)  The registered officer for a political party may apply to the returning officer to arrange for the name of the party as registered in the Local Government Register of Political Parties, or the abbreviation of the name as so registered, to be printed adjacent to the name of a candidate on the ballot-papers for an election to civic office, but only if the candidate has been endorsed for that election by the party.
(2)  A candidate at an election is taken to have been endorsed for the election by a political party registered in the Local Government Register of Political Parties only if:
(a)  the candidate is stated by the registered officer for the party to be so endorsed, or
(b)  the name of the candidate is included in a statement that is signed by the registered officer for the party, sets out the names of the candidates endorsed by the party for the election and is given to the returning officer before noon on the day for the nomination of candidates at the election, or
(c)  the returning officer is satisfied, after making such inquiries as the returning officer thinks appropriate, that the candidate is so endorsed.
(3)  A candidate for an election who has been endorsed by two or more political parties is taken to have been endorsed:
(a)  by the political party whose registered officer nominated the candidate, if the candidate was nominated by the registered officer, or
(b)  by the political party whose registered officer applied for the endorsement, if paragraph (a) does not apply, or
(c)  in any other case, by the political party specified by the candidate in a notice given to the returning officer.
(4)  An application under this section must be in writing signed by the applicant and delivered to the returning officer before noon on the day for the nomination of candidates at the election.
(5)  An application under this section may be withdrawn by the candidate by written notice to the returning officer before noon on the day for nomination.

322   Independent candidate on ballot-papers

(1)  A candidate for election to civic office may apply to the returning officer to arrange for the word “Independent” to be printed adjacent to the name of the candidate on the ballot-papers for the election.
(2)  The application is to be in writing signed by the applicant and given to the returning officer before noon on the day for the nomination of candidates at the election.
(3)  If an application is made under both this section and section 321 in relation to the same candidate, the application under section 321 is void and is to be disregarded.
(4)  An application under this section may be withdrawn by the candidate by written notice to the returning officer before noon on the day for nomination.

323   Printing of political party name on ballot-papers

(1)  The name of a political party is to be printed adjacent to the name of a candidate on the ballot-papers for an election to civic office if:
(a)  the candidate has been endorsed by the party as a candidate at the election, and
(b)  an application for the name of the party to be printed on the ballot-papers adjacent to the name of the candidate has been accepted by the returning officer.
(2)  The word “Independent” is to be printed adjacent to the name of a candidate for election to civic office if an application made by the candidate to have the word so printed has been accepted by the returning officer.

324   Form of political party name on ballot-papers

(1)  The name of a political party to be printed on ballot-papers under this Part is the name entered for the party in the Local Government Register of Political Parties or the abbreviated name so entered for the party if application was made for the printing of the abbreviated name.
(2)  The names, or abbreviated names, of political parties printed on ballot-papers adjacent to the names of candidates are to be in capital letters in type that is uniform in size and style for all of the political parties’ names or abbreviated names.
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